Tag Archives: public comment

Will 5 More Constricting Snakes be Added
to the Injurious Wildlife List?

The US Herpetoculture Alliance alerted the reptile community back in May that US Fish and Wildlife Service (FWS) planned to re-open the public comment period regarding the “Constrictor Rule.” On June 23rd FWS officially announced the re-opening of a 30 day public comment period as expected; deadline of July 24th at 11:59pm EDT. Herp Alliance filed detailed public comments prior to the deadline. Did you make public comment? Please share your official comment in our comment section below.

In January 2012 FWS published a rule in the Federal Register that added the Burmese python, Indian python, northern and southern African pythons, and the yellow anaconda to the Injurious Wildlife List of the Lacey Act. The Constrictor Rule added 5 of the 10 snakes originally proposed for listing, however five remaining snakes (Boa constrictor, reticulated python, green anaconda, DeShauensee’s anaconda and Beni anaconda) were not listed at that time, but remained “under consideration.”

Although the reopening of public comment was welcome news and an additional opportunity to provide critical information for the public record, the Herp Alliance believes this action is a clear signal that FWS is prepared to finalize the Constrictor Rule that was finalized in part on January 23, 2012 (77 FR 3330)– adding some or all of the remaining five species of constricting snakes to the Injurious List. Any species listed on the Injurious List cannot be imported into the country nor transported across state lines without a special permit from FWS.

The US Herpetoculture Alliance filed detailed public comment with FWS opposing the proposed rule to add the remaining five species to the Injurious list. We urge you to read them. Our argument focused on the “best available economic and scientific data” and pointed out the egregious flaws in the FWS justification for rule making. Some of the points included:

Major Rule

Scientific Underpinnings

Best Available Science

Arbitrary and Capricious

Conclusions

Additionally, Herp Alliance worked with the best and the brightest in the scientific and legal community coordinating many high quality comments. Please read our public comment and post your thoughts below in our comment section. If you made public comment with FWS, please SHARE with us and please include the tracking number assigned to you.

The US Herpetoculture Alliance has just learned that the US Fish & Wildlife Service (FWS) will reopen public comment on the “Constrictor Rule” tomorrow. The FWS has announced that public comment will be reopened for 30 days. Further, FWS has decided to reopen the public comment period, but only for the five remaining species that were NOT listed in 2012. The Herp Alliance expects to see FWS publish this announcement in the Federal Register on June 24, 2014.

This action was announced by the Office of Information and Regulatory Affairs (OIRA) last month, but when reported on by Herp Alliance, was discounted by those with poor access to information in Washington DC as “fear mongering.” Our information is always the most accurate and timely available regarding the future of herpetoculture.

Although reopening public comment is positive news, the Herp Alliance believes this action to be a clear signal that FWS is prepared to finalize the Constrictor Rule that was finalized in part on January 23, 2012 (77 FR 3330)– adding 4 species of constricting snakes to the In jurious Wildlife List of the Lacey Act. Any species listed on the Injurious List cannot be imported into the country nor transported across state lines without a special permit from FWS.

In January 2012 FWS published a rule in the Federal Register that added the Burmese python, northern African python, southern African python and yellow anaconda to the Injurious Wildlife List of the Lacey Act. The Constrictor Rule accounted for 4 of the 9 snakes originally proposed for listing. The remaining 5 snakes, Boa constrictor, reticulated python, green anaconda, DeShauensee’s anaconda and Beni anaconda were not listed at that time, but remained “under consideration.”

FWS is likely hoping to add information to support their case to list the 5 remaining snakes. It is imperative that the Reptile Nation respond with quality comments to counter their case. Time is of the essence. Hopefully the United States Association of Reptile Keepers (USARK) has been coaching it’s members in making quality comment, apprising members of the scientific community of the impending comment period, and updating economic surveys and profiles since the economic survey done in 2011. This is an unparalleled opportunity to influence the final disposition of the Constrictor Rule. The Reptile Nation cannot afford a misstep now.